Restocking Fee / Cancelation
All returns for refund are subject to a 15% restocking fee unless waived by dealcenter llc.
Lost or Stolen Packages*
BUYER must notify dealcenter llc about lost or stolen packages within 14 days of invoice date in order to begin the claims process with the shipping carrier
Neither this Agreement nor any release hereunder is subject to cancelation by BUYER except upon (a) written request of BUYER and (b) written approval of dealcenter llc. Because dealcenter llc expenses related to canceling firm orders are dependent upon (i) dealcenter llc inventory carrying costs, (ii) the likelihood of dealcenter llc quickly selling the subject Products to other Buyers, (iii) dealcenter llc other related out-of-pocket costs, and (iv) administrative costs, dealcenter llc may charge BUYER a cancelation fee.
Cancelation of Standard Product
If dealcenter llc determines the Product being cancelled to be Standard Product, dealcenter llc may charge a cancelation charge according to the (a) quantity being cancelled, (b) time frame between Buyer’s request to dealcenter llc to cancel and the order’s scheduled ship date, and (c) dollar amount of order being cancelled. The calculation of the exact cancellation charge will be at dealcenter llc discretion. Any orders that constitute twenty-five percent (25%) of the previous six (6) month usage of a particular Product and Option will be deemed “custom” and will follow the cancellation condition of Custom Product, set forth below.
Cancelation of Custom Product
If dealcenter llc determines the Product being cancelled to be Custom Product, as defined above, or if any Product developed by dealcenter llc under special contract or requiring conformal coating, extended temperature components, or any type of customization as requested by the BUYER, dealcenter llc may deny Buyer’s cancellation request. If dealcenter llc permits the cancellation of Custom Product, BUYER agrees to pay dealcenter llc for all of dealcenter llc out-of-pocket costs associated with the cancellation of the order including, but not limited to: (i) raw Products, (ii) work in process, (iii) inventory carrying costs, (iv) scrapping and disposal fees, and (v) a reasonable and equitable profit for dealcenter llc, which shall not be less than twenty percent (20%) of such costs. In no case will the cancellation charge be less than dealcenter llc actual costs (including overhead and other indirect costs). The amount of cancellation charge to be charged to BUYER shall be determined at the sole discretion of dealcenter llc and may equal 100% of the amount of the order at the time of dealcenter llc receipt of Buyer’s request for cancellation. BUYER is entitled to receive a written notice from dealcenter llc setting forth how the cancellation charge was calculated. Upon payment of the cancellation charge, BUYER shall be entitled to receive all raw Products and work in process, and dealcenter llc agrees to ship such goods to BUYER at Buyer’s expense. dealcenter llc reserves the right, by written notice of default, to cancel any order, without liability to BUYER, in the event of the happening of any of the following: insolvency of BUYER, the filing of a voluntary petition in bankruptcy by BUYER, the filing of an involuntary petition to have BUYER declared bankrupt, the appointment of a receiver or trustee for BUYER, the execution by BUYER of an assignment for the benefit of creditors, the discontinuance of business by BUYER, or the sale by BUYER of the bulk of its assets other than in the usual course of business.
BUYER acknowledges that Products, software, and technical information provided under this Agreement are subject to United States Export Administration Act and other export laws, rules and regulations. BUYER agrees not to export, re-export, directly or indirectly, transfer, or transmit the Products, software, or technical information except in compliance with any and all such laws, rules and regulations This sale is subject to any applicable governmental approvals and, at dealcenter llc request, BUYER agrees to sign written assurances and other export-related documents (and to obtain same at its own expense) as may be required for dealcenter llc to comply with any and all export laws, rules and regulations. Buyer agrees to hold harmless and indemnify dealcenter llc from any claim or damage arising out of or relating to any alleged violation of any export law, rule or regulation, including payment of attorneys’ fees and costs.